DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

141922P.pdf   02/20/2015  Fred Johnson  v.  Darin Young
   U.S. Court of Appeals Case No:  14-1922
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Loken, Author, with Bright and Kelly, Circuit Judges] 
   Prisoner case - Habeas. The South Dakota Supreme Court's conclusion that 
   imposing consecutive sentences for attempted murder and aggravated assault 
   based on the same act did not violate the Fifth Amendment's prohibition 
   against double jeopardy was based on the Court's finding that the 
   legislature's intent was to impose multiple punishments, and this court is 
   bound by the South Dakota Supreme Court's determination of state law; 
   having determined legislative intent as a matter of state law, the South 
   Dakota Supreme Court was not constituionally obligated to apply the rule 
   of lenity to reach a contrary conclusion.